Broken SEND #8

 A short post this time, with some important information regarding the "H" in an EHCP.

Local Authorities seem to be taking a slighly different approach to managing Health elements in the EHCP.  This may be a result of the changes whereby the Health content of an EHCP can be appealed alongside the Education.

Previously, the SEND team have insisted that all professional input goes in Sections B and F (Needs and Provision). So, if you have input from an educational psychologist, or comments around autism or sensory needs, then these all fit in the education part of the plan.

LAs are now trying more to separate Health into the Health sections, and Education into the Education.  This makes absolutely no sense from the perspective of a single child who has holistic and overarching needs, some of which naturally sit within a Health professional's expertise and others within education.

In our case, this was done outside the formal Annual Review process and, therefore, was almost certainly unlawful.  We have lodged a complaint about this.  The SEND Code of Practice is quite clear that it is the LAs responsibility to invite Health professionals to the Annual review.  And, in our case they didn't do this.

There is a person / role in each Integrated Care Board which looks after the Health input to EHCPs.  The role is either a Designated Medical Officer or Designated Clinical Officer.  Make sure you are connected with this person as I have found them to be really useful. Their job is to make sure that LA, in creating the EHCP, reflects health aspects correctly.  They will only have a liaising function with assessments or individual planning, but will be able to make the right introductions and connections.

I have had a couple of email discussions with our DMO who has been incredibly supportive of the difficult situation we are in.  It is a breath of fresh air contrasting with the LA's constant beligerance and intransigence - "the LA's position is ..." and this won't change because we are legally bound to act in this way.

When discussing with the DMO, she suggested that the LA convene a multi-agency meeting.  This is what we have been waiting over 10 years for!

So, during a regular meeting with the LA SEND team, I put forward the DMO's suggestion, fully expecting them to find a reason not to do it.  And I couldn not believe it when the agreed without any push back at all.  It seems as though the DMO has some power in this dynmic!

I don't expect this multi-agency meeting to happen quickly, but it could be pivotal in terms of getting the LA to change its view on need and provision.  It may end up being the catalyst to a very short run Appeal.  Time will tell.

At the same meeting, I offered in all sincerity, to put aside all our differences and the combattive positions that we are in and work together to understand my son's needs and to create a plan that will meet them.  To, essentially, avoid months of pain and cost for both myself and the Local Authority.

This was declined, and I have now sent off the SEND35 appeal document, and the process has started.  As a parent, this is the beginning of the next round of stress, pain, and effort.  As a tax paying member of the public, this will end up being a significant cost to the public purse, and will take away part of the SEND team from doing what they should be doing - working with parents and professionals to help children and young people achieve the best possible educational and other outcomes, preparing them effectively for adulthood.  

For me, the SEND team appear to be focusing on delivering a legal service (only focusing on a small fraction of what the law says they should) as opposed to a human service supporting the education and development of some of the most vulnerable young people.

Comments

Post a Comment

Popular posts from this blog

Broken SEND #4

Image
 In this fourth blog, I look at information and follow my journey over the past couple of weeks. One of the big inequalities in the fight between LA and Parent of SEND child is access to resources, including information. The LA has systems which file and store all correspondence and information over the duration of the child's education (almost 20 years in my case) and people who are paid to process that information.  And specialists, including legal counsel, to interpret the information.  Parents are largely on their own (with a shout out to SENDIASS and IPSEA who provide support services). Recently, in a meeting with our SEND team, I asked them what information was presented to the Panel regarding our latest attempt to get the right education for my son.  "We don't share operational forms or documents with parents" was the, somewhat snooty, response. In a previous meeting, I asked them whether they would present our case to panel early so that we could have a chang...
Read more
 Broken SEND #2. I introduced, in my first blog, the notion of the LA SEN team 'playing games'.  I don't mean that this is how they see their role.  People working at the lower levels in the SEN service, I have found, genuinely want to help make a difference for the children and young people that they are supporting.  And at the senior levels, which is a Public Sector career level, they take their responsibilities really seriously.  Indeed at this level, people move around the country taking on more seniority and learning from different LAs.  This is why the system is broken nationwide rather than just locally. The 'playing games' label is how it seems to parents and young people.  Like the LA doesn't care about us as people.  Like they seem not to be able to listen or take seriously when we talk about what our children and young people need, or the often savage consequences of a failing education. Recently, Emma Steele and Matt Powell (senior pee...
Read more
 I have decided to share the latest part of my journey with Hampshire County Council Special Education Needs and Disability service.  (HCC and SEND).  The reason for this is that there will be learning for other parents embarking on specialist provision for their children and young people, and I hope also that policy makers will be able to see the consequences of the current system and how it is played by local authorities. And I do mean played.  The game here is one of saving costs at the expense of children's education, wellbeing and preparation for an independent adult life.  Often this is achieved by a process of delay - a pound that doesn't have to be spent for a year is a pound saved off the current budget.  And every year the child or young person gets closer to the point where the LA doesn't have to spend anything more. My story relates to my son.  But it isn't about him and I will not include details of any of his specific needs or health circ...
Read more